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ARTICLE · 05 NOVEMBER 2014

The pitfalls of commencing construction without a construction certificate in NSW

Colin Biggers & Paisley
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There are serious consequences for development in NSW which is carried out before a construction certificate is obtained.

AustraliaReal Estate and Construction
Anthony Perkins
Anthony Perkins

In brief - There are serious consequences for development carried out without a construction certificate

Difficulty in obtaining insurance, the possibility of sale contracts being rescinded and inferior marketability are among the problems that developers can face if they do not obtain a construction certificate prior to commencing construction.

Granting of development consent in NSW does not authorise commencement of construction

The Council of the City of Sydney's recent application to the NSW Land & Environment Court seeking to injunct the Meriton Group from continuing construction of its South Dowling Street development project in Sydney - on account of no construction certificate having been obtained - is a timely reminder of the pitfalls of failing to procure the necessary planning approvals prior to commencing construction.

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